Several students of Sharia and Law Faculty of UIN Syarif Hidayatullah Jakarta visiting the Constitutional Court, Wednesday (7/12/2023). Photo by Humas MK/Ilham W.M.

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JAKARTA (MKRI) — Several fourth-semester students of the Sharia and Law Faculty of State Islamic University (UIN) Syarif Hidayatullah of Jakarta visited the Constitutional Court (MK) on Wednesday, July 12, 2023. They were welcomed by Muhammad Reza Winata, assistant to constitutional justice, at the Court’s second hall.

In his presentation, Reza explained the Court’s authorities and functions. Based on Article 24C of the 1945 Constitution, the Court has four authorities and one obligation. Any citizen who feels their constitutional rights have been violated due to the enactment of a Law can challenge it to the Court, who will then review it.

He further explained that a law is the result of the House of Representatives’ (DPR) and the President’s joint work, assisted by ministers. The formation is discussed for months. However, this legal product can be declared unconstitutional by the Court following a citizen’s petition.

Other authorities of the Court are deciding authority disputes between state institutions whose authority is granted by the 1945 Constitution, deciding the dissolution of political parties, and deciding disputes over the results of general and regional head elections.

In addition, as set forth in Article 24C paragraph (2) of the 1945 Constitution, the Constitutional Court has an obligation to give a decision on the House’s opinion on alleged violations by the president and/or vice president according to the Constitution. Reza explained that impeaching the president and/or vice president is very difficult. Before submitting a petition to the Constitutional Court, the House must convene with two-thirds of all members and must have the approval of two-thirds of the members present. After the House determines that the president/vice president is guilty, it files a petition to the Constitutional Court, who will assess whether the opinion is proven. If the Court finds that the president and/or vice president have committed an offense, the People’s Consultative Assembly (MPR) will hand down a legal decision in accordance with statutory regulations. Reza reiterated that the Court can only adjudicate if there is a petition.

He also explained that, as the guardian of the state Constitution, the Court must keep the entire state process in line with the Constitution, to realize a prosperous country.

“To that end, the Court’s role is to oversee the development process to realize a prosperous country in line with the constitutional norms that set the foundation of the state. However, in the event of any process that is not in line with constitutional norms, the Constitutional Court will remedy it through the authorities availed to it in accordance with the constitutional mandate,” he said.

Reza also emphasized that in carrying out its functions and duties, the Court always gives its best to produce quality decisions. He added that students can also participate by filing petitions to challenge laws to the Court.

“Even though you are students, you have a strategic role and can participate in challenging the constitutionality of laws,” Reza said.

Court’s Procedural Law

In his presentation, Reza also explained the principles of the Court’s procedural law. First, ius curia novit, which means that the it cannot refuse to examine, hear, and decide any case. Second, open public hearings that the public can follow and compel the justices to act more objectively.

“(The principle of) judicial independence means that the judiciary should not be intervened by any institution or interest [and the process must be] swift, simple, and free of charge. With these principles, the judicial process in the Constitutional Court can be accessed by all elements of society,” Reza added.

Reza explained that a judicial review petition can be material or formal. The material one concerns the substance of a law, while the formal concerns the lawmaking process.

Next, he explained the use of technology in the Court. Petitions, he said, can be filed online through the Court’s website or offline by coming to the Court in person. “Cases and decisions can also be accessed through the mkri.id website, and the hearings can be done remotely when there is a constrain of distance or cost,” he added.

After the discussion, the students were taken to tour the Court’s Constitution History Center (Puskon) on the fifth and sixth floors of its main building.

Author       : Utami Argawati
Editor        : Nur R.
Translator  : Tahlitha Laela/Yuniar Widiastuti (NL)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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